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(영문) 제주지방법원 2017.09.08 2016가단55423
사해행위취소
Text

1. It is concluded on April 15, 2014 between the Defendant and C regarding one-third share of the real estate listed in the separate sheet.

Reasons

Facts of recognition

A. On September 4, 2014, the Plaintiff filed a lawsuit seeking reimbursement against C with the Seoul Central District Court 2014Da5083442, and sentenced C to the judgment that “C shall pay to the Plaintiff 211,407,030 won and 203,482,517 won among them, 18% per annum from March 27, 2001 to April 8, 2004, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive as it is.

(B) The Plaintiff’s above claim against C (hereinafter “judgment claim”).

C The deceased’s attachment network D (hereinafter “the deceased”) died on April 15, 2014, the Defendant, C, and E, as co-inheritors of the deceased, concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the Defendant would independently inherit the real estate on the same day owned by the deceased (hereinafter “instant real estate”). Accordingly, on July 3, 2015, the Defendant completed the registration on the transfer of ownership (hereinafter “each of the instant registration on the transfer of ownership”) due to inheritance due to the division as of April 15, 2014.

C. Since July 15, 2015, the Defendant completed the registration of ownership transfer based on the sales contract with F on the instant real estate.

On the other hand, C was in excess of its obligation at the time of the instant agreement on division of inherited property.

[Ground of recognition] A without dispute, each entry in Gap evidence Nos. 1, 2, and 4 (including provisional number), the purport of the entire pleadings, and 1) a fraudulent act establishing a fraudulent act as a whole, in principle, constitutes a fraudulent act against the creditor even in cases where the joint security against the general creditor has decreased by giving up his/her right to the inherited property upon consultation on division of inherited property (see, e.g., Supreme Court Decision 2007Da2919, Jul. 26, 2007). According to the foregoing facts of recognition in this case, according to the health account and the above facts of recognition, the plaintiff is a judgment bond against C with the preserved claim.

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